What Damages Are Recoverable Against the Federal Government Pursuant to the FTCA?

What Damages Are Recoverable Against the Federal Government Pursuant to the FTCA?

Although your lawsuit against the government must be filed in federal court, state law will determine what damages you may recover. In Tennessee, an injured party may recover both economic and non-economic damages. Economic damages include the losses you have that can be monetarily verified—things like medical bills, rehabilitation bills, loss of income and loss of employment. Non-economic damages, on the other hand, include categories that are more difficult to equate to a dollar amount. This may include compensation for items such as physical impairment, pain and suffering, scarring, loss of consortium, and loss of enjoyment of life.

Limit on Non-Economic Damages

Because state law applies to damages under the Federal Tort Claim Act (FTCA), state law limits on damages also apply. In Tennessee, an injured party is limited to recovering $750,000 for non-economic damages. This cap is only increased in cases of catastrophic loss or injury, and even then the injured party is limited to $1,000,000 in non-economic damages.

No Punitive Damages

The FTCA prohibits punitive damages from being awarded against the government. This means that damages which are intended to punish the wrongdoer are not allowed. Instead, only compensatory damages can be awarded in an FTCA case.

The FTCA prohibits plaintiffs from claiming more in damages in their civil lawsuits than they did in their initial filing with the appropriate administrative agency. This is important to know and understand before filing your initial claim. The amount claimed can only be increased from the initial filing if the new damages are based on evidence that could not have reasonably been discovered at the time the administrative claim was filed.

Our skilled attorneys are experienced in representing people who have been injured due to the negligence of another person, including government employees. We have a long history of getting positive results for our clients. If you would like to discuss a possible claim against the federal government, contact us at 615-742-4880 or toll-free at 866.812.8787 or simply complete this online form and we will contact you. We handle all accident cases on a contingency basis so we only get paid if we recover money for you. For more information on our fees and expenses, click here.

Everything was great. You guys are a great representative. I was satisfied with everything. Truly appreciate John Day and his hard-working staff. Jamar Gibson

★★★★★

We thought that you did an excellent job in representing us in our lawsuit. We would recommend you to anyone. Mitch Deese

★★★★★

The Law Offices of John Day, P.C. is, without a doubt, the best in Nashville! They treated me with the utmost respect and tended to my every need. No question went unanswered. I was always kept informed of every step in the process. I received phenomenal results; I couldn't ask for more. I would definitely hire The Law Offices of John Day, P.C. again.Anthony Santiago

★★★★★

I would definitely recommend to anyone to hire John Day's law firm because everyone was helpful, made everything clear and got the job done. I am satisfied with how my case was handled. June Keomahavong

★★★★★

It's been a long battle but this firm has been very efficient and has done a remarkable job for me! I highly recommend them to anyone needing legal assistance. Everyone has always been very kind and kept me informed of all actions promptly. Linda Bush

★★★★★

I had a great experience with the Law Offices of John Day. The staff was very accommodating, and my phone calls/emails were always responded to in a timely manner. They made the entire process very easy and stress-free for me, and I had confidence that my case was in good hands. I am very happy with the results, and I highly recommend!Casey Hutchinson

We serve the following localities: Davidson County including Antioch, Goodlettsville, Hermitage, Joelton, Madison, Nashville, and Old Hickory; Dickson County including Charlotte, Dickson, and White Bluff; Maury County including Columbia, Mount Pleasant, and Spring Hill; Montgomery County including Clarksville; Rutherford County including Murfreesboro; Sumner County including Gallatin, Hendersonville, and Portland; Williamson County including Franklin; and Wilson County including Lebanon.